2 charged in drug, DWI incidents (+Arrest Affidavits)

Published 1:35 pm, Wednesday, January 11, 2012

Two Midland man recently were arrested for alleged drunken driving and being in possession of narcotics.

Jesse Perez Padilla, 35, and Rocky Alan Gardner, 33, both of Midland, were charged with driving while intoxicated. Padilla also was charged with possession of a controlled substance and Gardner was charged with possession of a controlled substance in a correctional facility.

Midland police began following the driver of a 2003 Chevrolet Silverado, later identified as Gardner, Monday around 2:20 a.m. when he allegedly made an improper turn onto the 3200 block of North Garfield Street. The officer said he noticed several traffic infractions and attempted to make an emergency stop, but Gardner continued to travel southbound, according to Gardner's arrest report.

When the driver finally stopped in the 2200 block of Neely Avenue, the officer approached Gardner and reported he noticed the odor of alcohol. Gardner then allegedly consented to perform a series of field sobriety tests, which the officer said Gardner failed in the arrest affidavit.

He then was taken to the Midland County Central Detention Center for a voluntary blood test. Upon arrival, officers said they found a small clear plastic bag containing marijuana. Gardner also was booked for possession of a controlled substance in a correctional facility.

Padilla was arrested Saturday after traffic officers were dispatched to the intersection of Austin Street and Andrews Highway in reference to an accident.

Before officers' arrival, a Citizens on Patrol unit observed a male, later identified as Padilla, running away from the driver's side of a 2002 Isuzu Axiom that had just crashed into a parked pip trailer. The COPs detained Padilla until Midland police could arrive, Padilla's arrest report stated.

The officer said there was an "overwhelming scent of an intoxicating beverage" coming from Padilla and said his speech was slurred. He also allegedly admitted to consuming alcohol before the crash.

During the search of the vehicle, officers found two bags of cocaine, totaling 1.8 grams. Padilla already has been convicted of one DWI, according to court records.

Both men were charged with third-degree felonies and could face up to 10 years in prison if convicted.